CHAPTER 9
EMERGENCY SERVICES
Analysis
ARTICLE 1.
FIRE DEPARTMENTS
9.1-1.
9.1-2.
9.1-3.
9.1.4
9.1.5.
9.1.6.
9.1.7.
9.1.8.
9.1-9
ARTICLE 2
Findings…………………………………………………… 902
Composition of Department…………………………….. 902
Jurisdiction of Companies. ……………………………... 902
Government and Management; Bylaws……………….. 903
Adoption and Approval of Bylaws………………………. 903
Report of Membership…………………………………… 903
Exemption Certificates…………………………………... 903
Annual Election of Line Officers………………………… 904
Reimbursement for the cost of fire fighting foam and
Chemical extinguishing agents, and the cost of
Absorbent materials, sand recovery drums, specialized
Protective equipment, including acid suits, acid gloves
Goggles and protective clothing and other such
Disposable items associated with the cleanup of
Hazardous substances………………………………..904-906
INCENTIVES
9.2-1
Incentives……………………………………………… 907-908
ARTICLE 3.
AMBULANCE DEPARTMENT
9.3-1.
9.3-2.
9.3-3.
9.3-4.
9.3-5.
9.3-6.
9.3-7.
9.3-8.
9.3-9.
9.3-10.
9.3-11.
9.3-12.
9.3-13.
Findings / Mission Statement…………………………… 909
Establishment of Department…………………………... 909
Name of Department……………………………………. 909
Nature of Services………………………………………. 910
Billing Services…………………………………………… 910
Emergency Medical Technicians………………………. 910
Ambulances………………………………………………. 911
Appointments to this Department / Qualifications…..911-912
Compensation……………………………………………. 912
Jurisdictional Limitations………………………………… 912
Township Ordinances / Personnel Policy Manual……. 912
Employee Schedules……………………………………. 913
Garaging and Administrative Facilities………………… 913
901
ARTICLE 1.
FIRE DEPARTMENTS
Sec. 9.1-1.
FINDINGS
Services are rendered to the Township of Pennsville for the protection of property
and the preservation of life by volunteer firemen, emergency and rescue workers; and as
a public operation, such services are deemed to be within the control and supervision of
the Township; and it is the intent within the meaning of the law to provide the greatest
extent of self-government to such persons rendering volunteer services. Therefore it is
deemed advisable to permit such persons to establish such rules and regulations deemed
necessary by them for the operation and management of their units, subject never the less
to applicable requirements of law and by the Township Committee.
Sec. 9.1-2.
COMPOSITION OF DEPARTMENT.
The fire departments of the Township shall be composed of Companies Nos. 1 and
2 (Pennsville Fire & Rescue Co. 1 and Deepwater Fire Co. 2), and the operation of such
departments shall include emergency and rescue services in addition to the normal
operation of a fire department.
Sec. 9.1-3.
JURISDICTION OF COMPANIES.
The jurisdiction of Company No. 1 shall extend to the South side of a line drawn on
the South of Jenkins Avenue from the Delaware River to North Broadway and from North
Broadway to the Salem Creek by a line drawn on the South of Oliver Avenue excepting
both sides of Jenkins Avenue and both sides of Oliver Avenue and further excepting
Central Park School.
The remainder of the Township North of the said line shall be the jurisdiction of
Company No. 2., including: both sides of Jenkins Avenue and both sides of Oliver Avenue
and further including Central Park School.
902
Sec. 9.1-4
GOVERNMENT AND MANAGEMENT; BYLAWS.
The membership of each company is hereby authorized, empowered and required
to annually, upon reorganization, adopt a Code of bylaws, rules and regulations for the
control, management and government of the company, and shall specifically provide for
the following matters:
A.
The extent and eligibility of membership including the procedures for
application and approval of members.
B.
Resignations, retirement, suspension and expulsion of members including
the procedures for which such determination shall be made.
C.
The number and nature of officers of the department and providing for their
selection, the duties, responsibilities and removal of such officers.
D.
The duties and responsibilities of the membership, the department including
their attendance, participation and functions in the operations of the
company.
E.
The use and care of apparatus and other equipment of the company.
F.
Such other matters as are deemed necessary and advisable for the proper
operation of the company.
Sec. 9.1-5.
ADOPTION AND APPROVAL OF BYLAWS.
Upon adoption by the membership of bylaws, rules and regulations of the company
as provided for in the previous section, they shall be immediately submitted to the
Township Committee for approval, and shall not become effective and operative until such
approval shall have been given.
Sec. 9.1-6.
REPORT OF MEMBERSHIP.
Each company shall keep upon file with the Township Clerk, a list of the existing
members of the department and a list of the officers of each department.
Sec. 9.1-7
EXEMPTION CERTIFICATES.
Exemption certificates will be issued to the members of the departments in active
duty under municipal control as required by law and in accordance with the applicable
provisions of Revised Statutes of the State of New Jersey.
903
Sec. 9.1-8.
ANNUAL ELECTION OF LINE OFFICERS.
Subsequent to the annual election of line officers, both Pennsville Fire & Rescue
Company #1 and Deepwater Fire Company #2 shall submit the names those elected to
the Township Committee for confirmation within fourteen (14) days of the election. The
Township Committee will review the names submitted within fourteen (14) days of receipt
and thereafter notify each company that the results of the election are approved or
disapproved. If the Township Committee, for any reason, disapproves of the individual or
individuals selected, then the company shall immediately hold another election. In the
event the Township Committee fails to take action within the fourteen day period
aforesaid, then the names of the individuals submitted shall be deemed approved. The
company shall amend its By-Laws as necessary to comply with the provisions of this
section.
Sec. 9.1-9
A.
REIMBURSEMENT FOR THE COST OF FIRE FIGHTING FOAM
AND CHEMICAL EXTINGUISHING AGENTS, AND THE COST OF
ABSORBENT MATERIALS, SAND RECOVERY DRUMS,
SPECIALIZED PROTECTIVE EQUIPMENT, INCLUDING ACID
SUITS, ACID GLOVES GOGGLES AND PROTECTIVE CLOTHING
AND OTHER SUCH DISPOSABLE ITEMS ASSOCIATED WITH
THE CLEANUP OF HAZARDOUS SUBSTANCES
Definitions:
1.
COST OF MATERIALS – The cost of materials to be reimbursed to
the Township shall include, without limitation, fire fighting foam,
chemical extinguishing agents, absorbent material, sand recovery
drums and specialized protective equipment, including acid suits, acid
gloves, goggles and protective clothing.
2.
CLEANUP AND REMOVAL COSTS – Shall mean all costs
associated with discharge of hazardous substances incurred by the
Township of Pennsville Fire Department (a) in the removal or
attempted removal of hazardous substances or suspected hazardous
substances or (b) in the taking of reasonable measures to prevent or
mitigate damage to public health, safety or welfare, including but not
limited to public and private property, surface water, subsurface
waters, water columns and bottom sediments, soils and other effected
property including wildlife and other natural sources. The cost of
materials associated with cleanup and removal costs shall be
presumptively, the purchase price of the materials used.
3.
DISCHARGE – Shall mean any intentional or unintentional action or
omission resulting in the release, spilling, leaking, pumping, pouring,
emitting, emptying or dumping of hazardous substances or suspected
hazardous materials into the waters, onto the lands, or into the air,
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which may or does cause or is reasonably believed will damage or
result in damage to the lands, waters, air and natural resources.
4.
FIRE FIGHTING FOAM AND EXTINGUISHING AGENTS – Selfexplanatory.
5.
HAZARDOUS SUBSTANCES – Shall mean such elements and
compounds, including petroleum products, which are defined as such
by the Department of Environmental Protection of the State of New
Jersey, the National Fire Protection Association (NFPA) Guide of
Hazardous Materials, the list of hazardous substances adopted by the
Federal Environmental Protection Agency, the list of toxic pollutants
designated by Congress or the Environmental Protection Agency.
This definition also includes substances which the Township’s
Emergency Management Coordinator or the Chiefs of the Fire
Departments have reason to believe are hazardous substances.
6.
PERSON – Shall mean public or private corporations, companies,
associations, societies, firms, partnerships, joint stock companies,
individuals, or any other entity.
7.
PETROLEUM – Shall mean oil or petroleum of any kind and in any
form, including but not limited to oil, petroleum, gasoline, kerosene,
fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oils
and substantives or additives utilized in the refining or blending crude,
petroleum or petroleum stock.
B.
Purpose/Intent: The purpose and intent of this chapter is to authorize and
direct the cleanup, containment and abatement of any hazardous and/or
toxic substances discharged or spilled and to provide for the total
reimbursement and recovery of all associated costs to the Township of
Pennsville Fire Departments. It is also the intent of these ordinances that
the Township be reimbursed for the use of fire fighting foam and other
chemical extinguishing agents. It shall be the responsibility of the Chiefs of
the respective departments, in cooperation with the Emergency
Management Coordinator, to seek full restitution and recovery of all costs
related with said cleanup, removal and abatement activities incurred by the
Township of Pennsville.
C.
Liability for Cost of Cleanup or Abatement of Discharges and for the Cost of
Fire Fighting Foam and/or Chemical Extinguishing Agent: The owner of real
or personal property associated with the discharge of a hazardous
substance is responsible for the cost of materials associated with the
cleanup of the discharge. The owner or real or personal property associated
with the use of fire fighting foam or chemical extinguishing agents is
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responsible for the cost of those substances. The remedy provided by this
section shall be in addition to any other remedies provided for by law.
D.
Responsibility for Seeking Reimbursement: It shall be the responsibility of
the Fire Chiefs of the Township of Pennsville to seek full restitution and
recovery of all costs incurred by their departments related to this ordinance.
E.
Determination of Costs; Fee Schedule: The cost of materials to be
reimbursed to the Township’s Fire Departments shall include, without
limitation, fire fighting foam, chemical extinguishing agents, absorbent
materials, sand recovery drums, and specialized protective equipment
including acid suits, acid gloves, goggles and protective clothing, and any
other such materials or substances. The purchase price of said items or
materials shall be used in determining the cost to be paid by the responsible
individuals of entities.
F.
Accounting of Costs Incurred: All costs so recovered shall be maintained by
the billing Fire Department, and used for its general purposes. Said costs
may be billed directly by the Fire Department or by a professional agency
engaged in the business of such billing, provided that the agreement with
any such professional agency shall be subject to the approval of the
Township Committee. The Fire Department shall report to the Township
Committee on a monthly basis details of all billings and receipts as
authorized by this ordinance. Recovery of the cost of expendable items (fire
fighting foam, chemical extinguishing agents, absorbent materials, sand
recovery drums, and specialized protective equipment including acid suits,
acid gloves, goggles and protective clothing) by the Fire Departments shall
be retained by them and used to defray the costs of operating the
Departments.
906
ARTICLE 2
INCENTIVES
Sec. 9.3-1.
INCENTIVES.
A.
A Length of Service Awards Program (LOSAP) is herewith created in
accordance with Chapter 388 of the Laws of 1997 (NJSA 40A: 14-185, et
seq) to reward volunteer members of Pennsville Fire & Rescue Co. No. 1
and Deepwater Fire Co. No. 2 for their loyal, diligent and devoted service to
the residents of the Township of Pennsville.
B.
The LOSAP shall provide for fixed annual contributions to a deferred income
account for each volunteer member that meets the criteria set forth below,
that such contributions shall be made in accordance with a plan that shall be
established by the Township of Pennsville pursuant to P. L. 1997, c. 388,
and that such plan shall be administered in accordance with the laws of the
State of New Jersey, the U. S. Internal Revenue Code and this Ordinance.
C.
The LOSAP shall provide for an annual contribution to each active member
of the Pennsville Fire & Rescue Co. No. 1 and Deepwater Fire Co. No. 2
who accumulates 35 points for participation in the events as set forth on
Schedule A which is attached hereto and made a part hereof, 25 of which
points must be earned as a result of participation in Department responses.
D.
The annual contribution of each participant who satisfies the criteria as set
forth in paragraph 3 above, effective September 1, 2009, shall be $700,
which contribution shall increase by 5% per year until it reaches the
maximum amount of $900.
E.
LOSAP shall provide for contributions as credits for no more than five (5)
years of prior years service for each eligible member in accordance with the
following schedule:
1.
Active members of the Pennsville Fire & Rescue Co. No. 1 and
Deepwater Fire Co. No. 2 shall be credited with a year of
active service for each year that the member was active and
satisfied the minimum percentage, for that year, as set forth
above, provided, however, that in no event shall a member
receive more than five (5) years of prior service credits. A prior
member who returns to active status after the adoption of this
Ordinance must meet the requirements of the program for two
years before becoming eligible to receive such a credit. Prior
service shall be credited at the rate of $190.00 per year.
907
F. The estimated cost of the program has been calculated as follows:
a.
For regular annual services:
$51,600.00 per year
b.
For contributions for prior years’ service: $ 9,485.00 per year
for an estimated six years, for a total cost of $56,910.00.
G. The LOSAP shall commence on January 1, 2000, and shall continue
thereafter unless terminated and/or modified in accordance with the provisions
of NJS 40A:14-185(5)f. (09-02-99)
SCHEDULE A
LOSAP POINT SYSTEM
In order to qualify for a year of service, a member must earn 35 points which can
be accumulated as follows:
I.
EMERGENCY CALLS, DRILLS AND IN-HOUSE TRAINING - A combined
percentage of all emergency calls, drills and in-house training:
35% and over
30% to 34%
25% to 29%
24% and under
35 points
30 points
25 points
0 points
II.
OFFICE HOLDERS - Any member holding an elected line or business office
will receive 5 points.
III.
ATTENDANCE IN SCHOOLS - By attending a school approved by the
Chief, a member may receive a maximum of 5 points:
12 hours to 31 hours
32 hours and over
2 points
5 points
IV.
SPECIAL ASSIGNMENTS AND ATTENDING MEETINGS - By attending
special assignments and meetings, a member may receive a maximum of 5 points:
1 point per special assignment
1 point per company meeting
______________
908
ARTICLE 3
AMBULANCE DEPARTMENT
Sec. 9.3-1.
FINDINGS/MISSION STATEMENT
The Township Committee of the Township of Pennsville has determined that it is
has become ever increasingly more difficult to find volunteers who are willing to devote
their time to manning the ambulances currently operated by the Pennsville Fire & Rescue
Co. No. 1; and the Township Committee has determined that the health, safety and
welfare of the citizens of this Township will be jeopardized if alternatives to a volunteer
ambulance squad are not found; and in order to insure that response times for ambulance
calls are kept at an absolute minimum, the members of the Township Committee have
determined that it is both necessary and proper to establish a municipal department which
shall provide ambulance services manned by qualified individuals at little or no additional
cost to the residents of this Township and to, where appropriate, residents of surrounding
communities,
The Mission Statement of the Ambulance Department shall be as follows:
Township Employees assigned to the Department created herein shall have the
primary responsibility of rendering emergency medical care to Township residents, and
residents of surrounding communities, under certain circumstances, and transporting said
individuals to a primary care facility. The employees of the Department shall have a
secondary responsibility to cooperate with other Township agencies in order to promote
the public safety of the citizens of this Township, including the Township volunteer fire
department and the Township’s police department (hereinafter referred to as collateral
duties). Department employees shall provide emergency medical services to fire, crime,
and accident victims, or firefighters or law enforcement personnel injured in the
performance of their respective duties.
Sec. 9.3-2.
ESTABLISHMENT OF DEPARTMENT.
The Pennsville Township Ambulance Department is hereby established and the
operation of the Department shall be governed by the provisions of this chapter as
hereinafter set forth.
Sec. 9.3-3.
NAME OF DEPARTMENT.
The department established above, shall hereinafter be known as the Pennsville
Township Ambulance Department.
909
Sec. 9.3-4.
NATURE OF SERVICES.
A.
Employees of the Pennsville Township Ambulance Department shall provide
non-volunteer ambulance services on a paid basis to ambulance users, the
cost of which shall be determined by the Township Committee by, from time
to time, duly adopted resolutions. All money collected for services rendered
by the Pennsville Township Ambulance Department shall be paid over to the
Township’s Chief Financial Officer for proper deposit and disposition.
B.
In addition, employees of the Ambulance Department shall provide
emergency medical services to fire, crime, and accident victims, or
firefighters, or law enforcement personnel injured in the performance of their
respective duties, meaning dispatches to fire, crime scenes, riots, natural
disasters and accidents. When not actively engaged in providing the
specific services as set forth above, the employees of the Department, as
part of their collateral duties, shall be dispatched to fire calls – however, only
to fire scenes located within an area not farther than 5 miles from the
Township’s borders. Upon such a dispatch, the ambulance shall respond to
the scene and the EMTs manning such ambulance shall be available to treat
injured citizens and/or firefighters. Such services shall be rendered on a notto-interfere basis with the primary mission of the department, which is stated
hereinabove.
Sec. 9.3-5.
BILLING SERVICES.
The Township Committee, at its discretion, may provide for billing for services
rendered or, in the alternative, said services may be acquired through the competitive
bidding process established by Title 40A of New Jersey Statutes.
Sec. 9.3-6.
EMERGENCY MEDICAL TECHNICIANS.
A.
The Township Committee of the Township of Pennsville shall, from time to
time, hire a sufficient number of emergency medical technicians (EMTs) who
shall man the Township’s ambulances.
B.
All EMTs employed by the Township of Pennsville shall meet the
requirements and qualifications established by relevant New Jersey law,
including but not limited to NJSA 27:5M-22, and such individuals shall be
certified in accordance with the provisions of N J A C 8:40A-9.1, or any other
law which now or in the future shall govern such qualifications and/or
certifications.
C.
The Township Committee, in its discretion, may hire such individuals on a
full-time or a part-time basis, or any combination thereof that they deem
appropriate.
910
Sec. 9.3-7.
AMBULANCES.
All ambulances operated by the Pennsville Township Ambulance Department shall
be licensed in accordance with the provisions of N J A C 8:40-2.1, or any other law which
nor in the future shall govern such qualifications and/or certifications.
Sec. 9.3-8.
APPOINTMENTS TO THIS DEPARTMENT/ QUALIFICATIONS
It shall be the sole responsibility of the Township Committee to determine the
employment needs for this department.
A.
EMPLOYEES: The Department shall consist of the following employees:
1.
2.
3.
4.
B.
Part time Administrator
Supervisor
Other Supervisory Personnel
Emergency Medial Technicians
(Am. 02-02-2012)
DUTIES:
1.
The Administrator shall be responsible for the day-to-day operation of
the Pennsville Ambulance Department. Said Administrator may be an
Emergency Medical Technician employed by the Township as a
member of this Department. Said Administrator shall be required to
comply with the provision of relevant New Jersey law, including NJAC
8:40-3.2, et seq.
2.
Among other duties assigned to the Administrator by his Department
head shall be the preparation and maintenance of a standard
operating procedures manual as required by NJAC 8:40-3.3, et seq.
3.
The Supervisor shall perform such duties as shall be assigned to
him/her by the Administrator.
4.
Other Supervisory personnel shall perform such duties as may be
required by law for those who hold such positions or as assigned
by the Administrator.
911
C.
HIRING CRITERIA – EMT’S – Order of preference
1.
Those EMTs who are currently members of Pennsville Fire & Rescue
Co. No. 1 and Deepwater Fire Co. No. 2.
2.
Residents of the Township of Pennsville
3.
Other Residents of Salem County
4.
Other Residents of the State of New Jersey
5.
All other qualified applicants
Any individuals currently filling such positions as are set forth above shall be
considered Township employees, and they shall be entitled to all of the rights and
privileges as provided to such employees under Township ordinances and the Township’s
Personnel Policy Manual.
Sec. 9.3-9.
COMPENSATION.
A.
Full time Ambulance Department employees shall be paid in accordance
with the provisions of the Township’s salary ordinance.
B.
Part time Ambulance Department employees shall be paid a fixed fee for
each ambulance run in which they participate, which fee shall be established
by the Township Committee from time to time by duly-adopted resolution, or
an hourly rate if filling a shift, which hourly rate will be set forth in the
Township salary ordinance.
Sec. 9.3-10.
JURISDICTIONAL LIMITATIONS.
The Pennsville Township Ambulance Department has been created to render
services primarily to Township residents. Notwithstanding that fact, should citizens of
other municipalities request the assistance of the Pennsville Ambulance Department, then
such services may be rendered to such citizens, in other municipalities, on a not-tointerfere basis, with the services to be rendered to Township residents.
Sec. 9.3-11.
TOWNSHIP ORDINANCES/PERSONNEL POLICY MANUAL.
Employees of the Township assigned to the Pennsville Township Ambulance
Department shall be governed by the terms and conditions of all applicable Township of
Pennsville ordinances, as well as the Township of Pennsville Personnel Policy Manual.
912
Sec. 9.3-12. EMPLOYEE SCHEDULES.
The Township Committee shall fix, by resolution, from time to time, the shifts and
hours to be worked by those Township employees assigned to the Pennsville Township
Ambulance Department.
Sec. 9.3-13. GARAGING AND ADMINISTRATIVE FACILITIES.
The Pennsville Township Ambulance Department ambulance or ambulances shall
be housed within the facilities maintained and operated by Pennsville Fire & Rescue Co.
No. 1; and those Township employees assigned to the Pennsville Township Ambulance
Department shall be provided with appropriate administrative facilities therein. It is
acknowledged that Pennsville Fire & Rescue Co. No. 1 is authorized to provide
ambulance services on a volunteer basis. Notwithstanding that fact, the employees, the
administrative facilities, and the equipment of the Pennsville Township Ambulance
Department shall be kept separate and apart from the facilities and equipment of
Pennsville Fire & Rescue Co. No. 1.
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